Sec[Section] 1 Be it enacted by the People1 of the State of Illinois represented in the General Assembly; That it shall be the duty of the Judge or Justice of the Peace who shall commit any offender to jail either because such offender is unable to procure bail for his appearance at court or because the offender is not by law bailable, to write on the warrant of commitment the names, and residences of the principal witnesses, by whom the crime was pro proved before said Judge or Justice.

Sec 2. Whenever any prisoner, in the custody of the sheriff or jailer of any county on any warrant of commitment as aforesaid shall demand of said sheriff or jailer a copy of said warrant of commitment said sheriff or Jailer shall endorse on the said copy the names of the witnesses written thereon as aforesaid. And any Justice or Judge who shall neglect to write the name or names of the witnesses aforesaid on the warrant of commitment, or any Sheriff or Jailer shall neglect to endorse the names of said Witness or witnesses on any copy of said commitment each Justice, Judge, Sheriff[,] or Jailer offending in the premises shall be fined in the sum of Twenty dollars to be recovered by action of debt in the name of, and for the use of any person who shall sue for the same in any Court of record.

Sec 3. Whenever a habeas corpas shall be issued to bring the body of any prisoner committed as

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aforesaid, unless the Court or Judge issuing the same shall deem it wholly unnecessary, and useless, the said Court or Judge shall issue a Subpoena to the sheriff of the County, where said person shall be confined, commanding him to summon the witness or witnesses therein named to appear before such Judge or Court at the time and place when and where such habeas corpas shall be returnable; it shall be the duty of such Sheriff to serve said subpoena if it be possible in time to enable such witness or witnesses to attend. It shall be the duty of the witness or witnesses thus served with said subpoena to attend and give ^evidence^ before the Judge or Court issuing the same on pain of being guilty of a contempt and shall be proceeded against accordingly by said Judge or Court.

Sec 4. On the hearing of any habeas corpas issued as aforesaid it shall be the duty of the Judge or Court who shall hear the same, to examine the witness or witnesses aforesaid. And such other witnesses as the prisoner may request, touching any offence mentioned in the warrant of commitment as aforesaid, whether said offence be technically set out in said commitment or not, and upon which hearing, said Judge or Court may either recommit, bail[,] or discharge the prisoner according to the facts of the case. This act to take effect from and after the first day of June next.